Multiple Creditors - Support Please!

[Saint2K]

I have several debts who are now managed by DCA's.

 

I have been paying the DCA's on a self managed DMP basis. After reading various threads on this forum, many people advise that I should do a CCA request in order to verify if the debt has been bought and get a copy of the original agreement.

 

Should I now at this stage do this? If so what benefits will I receive from doing this?

 

Moreover, I am just about to send a letter to all of my creditors offer new repayments. If I send a CCA request, do I halt all payments?

 

Also, I have copy and pasted the letter below for you experts to look at and let me know if its ok

 

--

Four matters concerning the above account

1. Circumstances Update & Repayment Proposal

From the 25th of September 2006 I will be a full-time student studying for a four year degree at University. I am now therefore in a greater financial position to increase my monthly repayments to CapQuest Debt Recovery/Egg Plc. I have enclosed a ‘Personal Budget’ sheet which details all my income and expenditure. As you can see from this information, I only have £135.10 left over every month for my creditors. Therefore in view of my current circumstances I can only offer you £61.54 per month, to be reviewed in six months, or sooner if my circumstances change. The offers to my creditors have been calculated on a pro-rata basis using the same method the County Court employs. I have written to all of my creditors asking them to accept the new repayments.

 

 

If interest or charges are currently still being applied to the account, despite my previous requests for them to be stopped. I again echo my request that all interest and charges be frozen so that the payments I make reduce what I owe you, for this I would be most grateful.

Should my circumstances improve I will contact you again.

 

 

The first repayment will be made on the Monday 23rd October 2006. May I also request a standing order mandate be forwarded to myself so that it is easier to pay you. A standing order between myself and your company will ensure an automatic and prompt payment every month.

In summary, I am fully committed to repaying the principal balance outstanding on my account and I therefore hope you will accept my above offer and I appreciate your assistance in this matter.

 

 

 

2. Legal Action

You have previously stated in correspondence your possible future intentions to commence legal action if I do not offer a ‘satisfactory’ repayment schedule or amount. I would like to address this issue by stating that the method I have used to calculate the above offer of repayment is the same method used by the County Court. Moreover, I would suggest that your refusal to accept my above offer could be viewed as unreasonable and we would ask the court to consider this matter with reference to the Overriding Objectives.The commencement of legal proceedings under such circumstances could be counter to the ‘Overriding Objectives’ of the new Civil Procedure Rules. You will be aware that the Overriding Objectives underpin everything the court does. Moreover, paragraph 4 of the Protocols Practice Direction states that in cases not covered by an approved pre−action protocol, the court will expect the parties “to act reasonably…….. in trying to avoid the necessity for the start of proceedings”.

 

 

3. Request for information under the Consumer Credit Act 1974

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement, the default notice, and an itemised statement of all charges and payments added to the account since the default date. While I do acknowledge a debt to Egg Plc, recent events lead me to believe there may be charges levied on the account which contravene The Unfair Terms in Consumer Contract Regulations 1999. As such, the amount is now in dispute. I would also like you to confirm whether you have purchased the debt from the original client or if you are simply representing the original creditor. I rely on the Consumer Credit Act 1974 (Sections 77-79). I enclosed a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

I understand that a copy of the original credit agreement, the default notice and an itemised statement of all the charges since the default date should be supplied within the next 12 working days.

 

 

4. For your information

I do not wish to be contacted by telephone under any circumstances and request that you remove my telephone number(s) from your records immediately. All correspondence between myself and any representative of Egg Plc or CapQuest should be in written format only. This is so that an accurate record all communications is kept for legal purposes. Moreover, any further communication by telephone will be viewed as harassment and a breach of the ‘Administration of Justice Act 1970’. Any such breach will not be tolerated and a formal complaint, containing copies of all correspondence including yours, will be submitted to the relevant authorities if your calls continue. This will be relevant to questions of your fitness to hold a licence under the Consumer Credit Act, whether or not it results in a prosecution.

 

 

5. Summary

In summary I hope that we reach an agreement in reference to my proposed repayment amount and I hope you have taken onboard all of my above comments. I am as I have made you aware now in full-time education, coupled with the fact that I also suffer from a severe skin disease which is exacerbated by stress. As a result I hope that there is no further undue stress or pressure from your company that could possibly affect my studies or worse my health. I am as I have already mentioned fully committed to repaying the principal balance on my account and I hope that my repayment offer is acceptable.

I appreciate your assistance in this matter.

 

Yours Faithfully

[mutzi]

The CCA requests: If they don't supply the agreement within 12 days then you don't have to make any more payments until they come up with it. Don't stop any payments until after this period. If they cannot supply it you can ask them to write it off.

[Saint2K]

Hi.

 

The thing is, I don't actually dispute any of the debt. But I was advised that if the debt had been passed to a DCA that I should do the CCA request.

 

What are the benefits to this?

[mutzi]

I suppose it's a demostration that you know your rights and so might make them behave a bit more reasonably in the future. It will not however tell you who owns the debt and trying to get that information from the DCA's could be difficult so you might want to try asking the original creditors for that information. I imagine dealing with them as opposed to the DCA would be preferable.

 

Remember the charges they've applied, I can appreciate wanting to pay back what you actually owe but no doubt the amount they are chasing you for is far in excess of that. Your letter only asks for a statement since the default date. If you want to pursue for the rest of the charges you'll need to use the data protection act subject access request template.

[Saint2K]

Hey All.

 

Right, I want to reclaim bank charges from all of my various creditors, including banks, credit card companies and two mobile phone operators.

 

I am on a very strict budget so I need to pick and choose who I claim from first and manage the claim process carefully.

 

I want to reclaim charges in such a way that the creditor I am claiming from will pay me directly via cheque. The reason being that I want to then take this money and pay off various small debts thus overall improving my financial situation.

 

Making a claim through MCOL, paying £100+ for the bank/creditor to just refund the charges back onto a defaulted account will not help me and I will be £100 down for nothing. If I had a £100 to pay towards a debt then I would do anyway!

 

I hope that makes sense.

 

Therefore, what is the best way for me to approach this situation.

 

I have selected MBNA as my first target due to my account being closed and the debt sold onto a DCA. Therefore MBNA when refunding charges would have to pay me by cheque anyway.

 

However, most of my other accounts are still "open", although completely "in-active".

 

Someone on here said that when it gets to the MCOL stage anyway, that the creditor can only pay you by cheque. But from what I understand, the creditors mainly settle out of court for the full amount or close to anyway. So in this case, they would not have to pay you by cheque.

 

Can you negotiate with them when it comes to reclaiming charges, i.e. "Yes I will accept 80% back if you pay me directly by cheque"

 

I appreciate any input on this.

[muggins73]

Firstly, hello and welcome to the family:D

 

I've read your post and can understand that times are hard, but why accept only 80%? What is owed is your money and you need to change your way of thinking and accept no less than 100% (or more if it comes down to it:p)

 

I am also having a tough time of it financially and with three kiddies under four to feed doesn't make it any easier. I have opted to go through my local court directly, this way I could fill in what is known as an EX160 form which allows me to apply for remission (money off) or if you receive certain benefits exemption. You can only do this via the courts and not with MCOL. If you look at the hmcs (her magisty court service) website you'll find all the information you need to make a claim.

 

Kindly ensure that before you pursue any claim that you take time out to read the FAQs on this forum and other threads posted by fellow comrades.

 

Good luck and keep us posted.

[Guest ian cognito]

It may be more useful if you could say who you're claiming from so others can give you the benefit of their experience, some banks and cc's do pay up at LBA stage which would obviously be useful for you to help pay your debts and to fund subsequent claims.

 

A new thread in the relevant banks forums will get you more appopriate advice than in this forum.

 

Good luck

[Saint2K]

Hello.

 

Thank you both for your replies.

 

I do fully understand the process of reclaiming charges and I am confident in pursuing this through.

 

I am currently claiming against Halifax Bank and MBNA.

 

Halifax are currently in default of the DPA request and as such I have lodged a complaint with the ICO and I have sent a further letter to Halifax.

 

In relation to MBNA, I have as of yesterday sent off a DPA/SAR request, so really have just got the ball rolling in respect of that account.

 

Although as mentioned, MBNA have sold the debt on to a DCA so any reclaimed charges will be paid to me by cheque. So that is why I am focusing on them as a priority.

 

I am a full-time mature student living with my partner, and hence my initial concerns about how charges would be refunded and of course Court costs.

 

I did read about the EX160 form, and it is of course a possibilty that I could claim reduced court fee's.

 

My other creditors, inm response to janquinny are:-

 

Egg Plc (Account active but DCA representing Egg)

HSBC Bank (Account active but DCA representing HSBC)

HSBC Online Card (Account Open and Active)

Wescott/O2 (O2 account closed, large disconnection charges incurred, DCA now owns debt)

Moorcroft/Orange (Orange account closed, large disconnection charges incurred, DCA now owns debt)

RBS Credit Card (Account Open and Active)

Barclaycard (Account active, DCA managing on behalf of Barclaycard)

 

If any of these above creditors tend to settle at LBA stage then I would appreciate the information and/or advice.

 

Thankyou

[Isiris]

What is your situation with the Halifax please

[iwannabedebtfree]

just a quick point on MBNA, you may find that they attempt to pay off the outstanding monies to the DCA before paying you any of the difference, but then again you may get your wish, but just be wary.

[Saint2K]

What is your situation with the Halifax please

 

I received a letter from Halifax who said they would investigate my complaint. I have yet to hear from the ICO. So no further progress at the moment.

 

just a quick point on MBNA, you may find that they attempt to pay off the outstanding monies to the DCA before paying you any of the difference, but then again you may get your wish, but just be wary.

 

That would be just my luck!

 

I really need to tackle creditors where I will get a cash payout so that I can then fuel my campaign against my other creditors and clear debt.

[Isiris]

sgx

 

What I meant was financialy. Do you owe them, is it with Retail COllections or is it woth a DCA

[Saint2K]

It's currently with Blair, Oliver and Scott, which I believe is their in-house DCA.

[Isiris]

So has the account been closed a defaulted

 

Reason I ask is I claimed from Hlifax on 3 accounts. All were closed but collected by others.

 

I claimed just over 7000 and this was paid direct to me in the form of a cheque. I then contacted the DCAs and paid them 1200 rather than the 6k I owed in full and final.

 

While its not guaranteed, I would say the Halifax are the quickest payers and I PERSONALLY would go for them first.

[Saint2K]

So has the account been closed a defaulted

 

The account is still open as far as I am aware as I can still view it on internet banking.

 

However I have received a 'Default Notice' for the account and as I say, it is been collected by their in-house DCA.

 

When you claimed against the Halifax, did they settle before court or after?

[Saint2K]

Hey.

 

What information am I entitled too, freely, from a DCA.

 

I would like to know my current balance, see my recent payments and any charges which the DCA have applied to my account with them.

 

Obviously, I do not want to pay £10 for a DPA/SAR just to find out this information.

 

Are DCA's obliged to provide this information on request?

 

Thanks

[Isiris]

Settled within 2 weeks of court summons

[nevos]

Hi All: Im interested to know this: Is it legal for a bank or c/c co to pay any charges owed (provided you won the case) to a DCA and especially one which bought the debt? Thanks.

[Isiris]

Nevos

 

In my court papers I provided the Notice of Assignment to go with the debt to show that the Halifax were no longer the legal owners of the debt.

[Bailiffchaser]

Yes. you should have been sent a annual statement also if you send them the £10 for the sar you can easily check if what they have charged you is legal.

[nevos]

Hi Isiris: Thats a good tip thanks a lot!

[lookinforinfo]

If we lived in an ideal world you would get all the infrmation you wanted for

free. As we don't, if you want that kind of information, much of which is

covered by statute that a £10 payment is required, then I am afraid you

are going to have to stump up the money.

[Saint2K]

Morning All.

 

I am currently wording a letter to a DCA that I am requesting provide me with the current balance of account and a list of recent payments onto the account.

 

I know they are obliged to provide this information, but what act/legislation is it?

 

I want to finish off this sentence ... " Furthermore, I also request that you provide me with an up-to-date balance of account including all recent payments and charges applied to the account within the last 6 months. You are obliged to provide this information….."

 

 

 

I appreciate any help.

[Saint2K]

*** Bump ***

[rosierose]

If the debt was accrued under an agreement regulated by the Consumer Credit Act it would be:

97 Duty to give information

(1) The creditor under a regulated consumer credit agreement, within the prescribed period after he has received a request in writing to that effect from the debtor, shall give the debtor a statement in the prescribed form indicating, according to the information to which it is practicable for him to refer, the amount of the payment required to discharge the debtor’s indebtedness under the agreement, together with the prescribed particulars showing how the amount is arrived at.

(2) Subsection (1) does not apply to a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.

(3) If the creditor fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement;

and

(b) if the default continues for one month he commits an offence.